093_HB2498ham001

 










                                     LRB093 03442 RLC 12783 a

 1                    AMENDMENT TO HOUSE BILL 2498

 2        AMENDMENT NO.     .  Amend House Bill 2498 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section   5.  The Unified Code of Corrections is amended
 6    by changing Sections 3-6-3 and 5-4-1 as follows:

 7        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
 8        Sec. 3-6-3.  Rules and Regulations for Early Release.
 9             (a) (1)  The   Department   of   Corrections   shall
10        prescribe rules and regulations for the early release  on
11        account  of  good  conduct  of  persons  committed to the
12        Department which  shall  be  subject  to  review  by  the
13        Prisoner Review Board.
14             (2)  The  rules  and  regulations  on  early release
15        shall provide, with respect to offenses committed  on  or
16        after June 19, 1998, the following:
17                  (i)  that  a  prisoner who is serving a term of
18             imprisonment for first  degree  murder  or  for  the
19             offense  of  terrorism shall receive no good conduct
20             credit and shall serve the entire  sentence  imposed
21             by the court;
 
                            -2-      LRB093 03442 RLC 12783 a
 1                  (ii)  that  a  prisoner  serving a sentence for
 2             attempt to commit first degree murder,  solicitation
 3             of   murder,   solicitation   of  murder  for  hire,
 4             intentional homicide of an unborn  child,  predatory
 5             criminal  sexual  assault  of  a  child,  aggravated
 6             criminal  sexual  assault,  criminal sexual assault,
 7             aggravated kidnapping,  aggravated  battery  with  a
 8             firearm,  heinous  battery,  aggravated battery of a
 9             senior citizen, or aggravated  battery  of  a  child
10             shall  receive no more than 4.5 days of good conduct
11             credit for each month of  his  or  her  sentence  of
12             imprisonment; and
13                  (iii)  that  a  prisoner serving a sentence for
14             home invasion, armed robbery,  aggravated  vehicular
15             hijacking,  aggravated  discharge  of  a firearm, or
16             armed violence with a category I weapon or  category
17             II  weapon,  when  the  court has made and entered a
18             finding, pursuant to  subsection  (c-1)  of  Section
19             5-4-1  of  this  Code,  that  the conduct leading to
20             conviction for the enumerated  offense  resulted  in
21             great bodily harm to a victim, shall receive no more
22             than  4.5 days of good conduct credit for each month
23             of his or her sentence of imprisonment.
24             (2.1)  For all offenses, other than those enumerated
25        in subdivision (a)(2) committed  on  or  after  June  19,
26        1998,  and other than the offense of reckless homicide as
27        defined in subsection (e) of Section 9-3 of the  Criminal
28        Code  of  1961 committed on or after January 1, 1999, the
29        rules and regulations shall provide that a  prisoner  who
30        is  serving  a term of imprisonment shall receive one day
31        of good conduct  credit  for  each  day  of  his  or  her
32        sentence  of  imprisonment  or recommitment under Section
33        3-3-9. Each day of good conduct credit  shall  reduce  by
34        one   day   the  prisoner's  period  of  imprisonment  or
 
                            -3-      LRB093 03442 RLC 12783 a
 1        recommitment under Section 3-3-9.
 2             (2.2)  A prisoner serving a  term  of  natural  life
 3        imprisonment  or  a  prisoner  who  has been sentenced to
 4        death shall receive no good conduct credit.
 5             (2.3)  The rules and regulations  on  early  release
 6        shall  provide  that a prisoner who is serving a sentence
 7        for reckless homicide as defined  in  subsection  (e)  of
 8        Section  9-3 of the Criminal Code of 1961 committed on or
 9        after January 1, 1999 shall receive no more than 4.5 days
10        of good conduct credit for  each  month  of  his  or  her
11        sentence of imprisonment.
12             (2.4)  The  rules  and  regulations on early release
13        shall provide with respect to the offenses of  aggravated
14        battery with a machine gun or a firearm equipped with any
15        device  or  attachment designed or used for silencing the
16        report of a firearm or aggravated discharge of a  machine
17        gun  or  a firearm equipped with any device or attachment
18        designed or used for silencing the report of  a  firearm,
19        committed   on  or  after  the  effective  date  of  this
20        amendatory  Act  of  1999,  that  a  prisoner  serving  a
21        sentence for any of these offenses shall receive no  more
22        than  4.5  days  of good conduct credit for each month of
23        his or her sentence of imprisonment.
24             (2.5)  The rules and regulations  on  early  release
25        shall  provide  that a prisoner who is serving a sentence
26        for aggravated arson committed on or after the  effective
27        date  of this amendatory Act of the 93rd General Assembly
28        shall receive no more  than  4.5  days  of  good  conduct
29        credit   for  each  month  of  his  or  her  sentence  of
30        imprisonment.
31             (3)  The rules and regulations  shall  also  provide
32        that  the  Director  may  award up to 180 days additional
33        good conduct credit for meritorious service  in  specific
34        instances  as  the  Director deems proper; except that no
 
                            -4-      LRB093 03442 RLC 12783 a
 1        more than 90 days of good conduct credit for  meritorious
 2        service shall be awarded to any prisoner who is serving a
 3        sentence  for conviction of first degree murder, reckless
 4        homicide while under the  influence  of  alcohol  or  any
 5        other  drug, aggravated kidnapping, kidnapping, predatory
 6        criminal sexual assault of a child,  aggravated  criminal
 7        sexual  assault,  criminal sexual assault, deviate sexual
 8        assault, aggravated  criminal  sexual  abuse,  aggravated
 9        indecent  liberties with a child, indecent liberties with
10        a child, child pornography, heinous  battery,  aggravated
11        battery  of a spouse, aggravated battery of a spouse with
12        a  firearm,  stalking,  aggravated  stalking,  aggravated
13        battery of a child, endangering the life or health  of  a
14        child,  cruelty  to  a  child,  or narcotic racketeering.
15        Notwithstanding the foregoing, good  conduct  credit  for
16        meritorious service shall not be awarded on a sentence of
17        imprisonment  imposed  for  conviction of: (i) one of the
18        offenses  enumerated  in  subdivision  (a)(2)  when   the
19        offense  is  committed  on  or  after June 19, 1998, (ii)
20        reckless homicide as defined in subsection (e) of Section
21        9-3 of the Criminal Code of  1961  when  the  offense  is
22        committed  on  or after January 1, 1999, (iii) one of the
23        offenses enumerated  in  subdivision  (a)(2.4)  when  the
24        offense  is  committed  on or after the effective date of
25        this amendatory Act of 1999,  or  (iv)  aggravated  arson
26        when  the  offense is committed on or after the effective
27        date of this amendatory Act of the 93rd General Assembly.
28             (4)  The rules and regulations  shall  also  provide
29        that  the  good  conduct  credit accumulated and retained
30        under paragraph (2.1) of subsection (a) of  this  Section
31        by  any  inmate  during specific periods of time in which
32        such inmate  is  engaged  full-time  in  substance  abuse
33        programs,    correctional    industry   assignments,   or
34        educational programs provided  by  the  Department  under
 
                            -5-      LRB093 03442 RLC 12783 a
 1        this  paragraph  (4)  and  satisfactorily  completes  the
 2        assigned  program  as  determined by the standards of the
 3        Department, shall be multiplied by a factor of  1.25  for
 4        program participation before August 11, 1993 and 1.50 for
 5        program  participation on or after that date. However, no
 6        inmate shall be eligible for the additional good  conduct
 7        credit  under this paragraph (4) while assigned to a boot
 8        camp, mental health unit, or electronic detention, or  if
 9        convicted of an offense enumerated in paragraph (a)(2) of
10        this Section that is committed on or after June 19, 1998,
11        or  if  convicted  of  reckless  homicide  as  defined in
12        subsection (e) of Section 9-3 of  the  Criminal  Code  of
13        1961  if  the offense is committed on or after January 1,
14        1999,  or  if  convicted  of  an  offense  enumerated  in
15        paragraph (a)(2.4) of this Section that is  committed  on
16        or  after  the  effective  date of this amendatory Act of
17        1999, or first degree murder, a Class X felony,  criminal
18        sexual  assault, felony criminal sexual abuse, aggravated
19        criminal sexual abuse, aggravated battery with a firearm,
20        or any predecessor or successor offenses with the same or
21        substantially the same elements, or any inchoate offenses
22        relating to the foregoing offenses.  No inmate  shall  be
23        eligible  for  the  additional  good conduct credit under
24        this  paragraph  (4)  who  (i)  has  previously  received
25        increased good conduct credit under  this  paragraph  (4)
26        and  has subsequently been convicted of a felony, or (ii)
27        has previously served more than  one  prior  sentence  of
28        imprisonment  for  a  felony  in  an  adult  correctional
29        facility.
30             Educational,   vocational,   substance   abuse   and
31        correctional  industry  programs under which good conduct
32        credit may be increased under this paragraph (4) shall be
33        evaluated by the Department on the  basis  of  documented
34        standards.   The  Department  shall report the results of
 
                            -6-      LRB093 03442 RLC 12783 a
 1        these  evaluations  to  the  Governor  and  the   General
 2        Assembly  by  September  30th  of each year.  The reports
 3        shall include data relating to the recidivism rate  among
 4        program participants.
 5             Availability  of  these programs shall be subject to
 6        the  limits  of  fiscal  resources  appropriated  by  the
 7        General Assembly for these  purposes.   Eligible  inmates
 8        who  are  denied immediate admission shall be placed on a
 9        waiting  list   under   criteria   established   by   the
10        Department. The inability of any inmate to become engaged
11        in  any  such  programs by reason of insufficient program
12        resources or for any other reason established  under  the
13        rules  and  regulations  of  the  Department shall not be
14        deemed a cause of action under which  the  Department  or
15        any  employee  or agent of the Department shall be liable
16        for damages to the inmate.
17             (4.5)  The rules and regulations  on  early  release
18        shall  also  provide  that  a  prisoner  who is serving a
19        sentence for a crime committed as a result of the use of,
20        abuse  of,  or  addiction  to  alcohol  or  a  controlled
21        substance and committed on or after the effective date of
22        this Amendatory Act of the 93rd  General  Assembly  shall
23        receive   no   good   conduct  credit  until  he  or  she
24        participates in and completes a substance abuse treatment
25        program. Good conduct credit awarded under  clauses  (2),
26        (3),  and (4) of this subsection (a) for crimes committed
27        on or after the effective date of this amendatory Act  of
28        the 93rd General Assembly is subject to the provisions of
29        this  clause (4.5). If the prisoner completes a substance
30        abuse treatment program, the Department  may  award  good
31        conduct   credit   for   the  time  spent  in  treatment.
32        Availability  of  substance  abuse  treatment  shall   be
33        subject to the limits of fiscal resources appropriated by
34        the  General Assembly for these purposes. If treatment is
 
                            -7-      LRB093 03442 RLC 12783 a
 1        not available, the prisoner shall be placed on a  waiting
 2        list  under  criteria  established by the Department. The
 3        Department may require a prisoner  placed  on  a  waiting
 4        list  to  attend  a  substance  abuse  education class or
 5        attend substance abuse self-help meetings. A prisoner may
 6        not lose good conduct credit as a result of being  placed
 7        on  a  waiting  list. A prisoner placed on a waiting list
 8        remains eligible for increased good  conduct  credit  for
 9        participation   in   an   educational,   vocational,   or
10        correctional   industry   program  under  clause  (4)  of
11        subsection (a) of this Section.
12             (5)  Whenever  the  Department  is  to  release  any
13        inmate earlier than it otherwise would because of a grant
14        of good conduct credit for meritorious service  given  at
15        any  time  during  the  term,  the  Department shall give
16        reasonable advance notice of the impending release to the
17        State's Attorney of the county where the  prosecution  of
18        the inmate took place.
19        (b)  Whenever  a  person  is  or has been committed under
20    several convictions, with separate sentences,  the  sentences
21    shall  be  construed  under  Section  5-8-4  in  granting and
22    forfeiting of good time.
23        (c)  The Department shall prescribe rules and regulations
24    for revoking good conduct credit, or suspending  or  reducing
25    the  rate of accumulation of good conduct credit for specific
26    rule  violations,  during  imprisonment.   These  rules   and
27    regulations  shall  provide  that  no inmate may be penalized
28    more than one  year  of  good  conduct  credit  for  any  one
29    infraction.
30        When  the  Department  seeks to revoke, suspend or reduce
31    the rate of accumulation of any good conduct credits  for  an
32    alleged  infraction  of  its  rules,  it  shall bring charges
33    therefor against the prisoner sought to  be  so  deprived  of
34    good  conduct  credits  before  the  Prisoner Review Board as
 
                            -8-      LRB093 03442 RLC 12783 a
 1    provided in subparagraph (a)(4)  of  Section  3-3-2  of  this
 2    Code,  if  the  amount  of credit at issue exceeds 30 days or
 3    when during any 12 month period,  the  cumulative  amount  of
 4    credit revoked exceeds 30 days except where the infraction is
 5    committed  or discovered within 60 days of scheduled release.
 6    In those cases, the Department of Corrections may  revoke  up
 7    to 30 days of good conduct credit. The Board may subsequently
 8    approve  the revocation of additional good conduct credit, if
 9    the Department seeks to revoke good conduct credit in  excess
10    of  30  days.   However,  the Board shall not be empowered to
11    review the Department's decision with respect to the loss  of
12    30  days  of good conduct credit within any calendar year for
13    any prisoner or to increase any  penalty  beyond  the  length
14    requested by the Department.
15        The   Director  of  the  Department  of  Corrections,  in
16    appropriate cases, may restore up to  30  days  good  conduct
17    credits  which  have  been revoked, suspended or reduced. Any
18    restoration of good conduct credits  in  excess  of  30  days
19    shall  be  subject  to  review  by the Prisoner Review Board.
20    However, the Board may not restore  good  conduct  credit  in
21    excess of the amount requested by the Director.
22        Nothing  contained  in  this  Section  shall prohibit the
23    Prisoner Review Board  from  ordering,  pursuant  to  Section
24    3-3-9(a)(3)(i)(B),  that  a  prisoner serve up to one year of
25    the sentence imposed by the court that was not served due  to
26    the accumulation of good conduct credit.
27        (d)  If  a  lawsuit is filed by a prisoner in an Illinois
28    or  federal  court  against  the  State,  the  Department  of
29    Corrections, or the Prisoner Review Board, or against any  of
30    their  officers  or employees, and the court makes a specific
31    finding that a pleading, motion, or other paper filed by  the
32    prisoner  is  frivolous,  the Department of Corrections shall
33    conduct a hearing to revoke up to 180 days  of  good  conduct
34    credit  by bringing charges against the prisoner sought to be
 
                            -9-      LRB093 03442 RLC 12783 a
 1    deprived of the good  conduct  credits  before  the  Prisoner
 2    Review  Board  as  provided in subparagraph (a)(8) of Section
 3    3-3-2 of this Code. If the prisoner has not  accumulated  180
 4    days  of good conduct credit at the time of the finding, then
 5    the Prisoner Review Board may revoke all good conduct  credit
 6    accumulated by the prisoner.
 7        For purposes of this subsection (d):
 8             (1)  "Frivolous"  means  that a pleading, motion, or
 9        other filing which purports to be a legal document  filed
10        by  a  prisoner in his or her lawsuit meets any or all of
11        the following criteria:
12                  (A)  it lacks an arguable basis either  in  law
13             or in fact;
14                  (B)  it  is  being  presented  for any improper
15             purpose, such as to harass or to  cause  unnecessary
16             delay   or   needless   increase   in  the  cost  of
17             litigation;
18                  (C)  the  claims,  defenses,  and  other  legal
19             contentions therein are not  warranted  by  existing
20             law or by a nonfrivolous argument for the extension,
21             modification,  or  reversal  of  existing law or the
22             establishment of new law;
23                  (D)  the   allegations   and   other    factual
24             contentions  do  not have evidentiary support or, if
25             specifically so identified, are not likely  to  have
26             evidentiary  support  after a reasonable opportunity
27             for further investigation or discovery; or
28                  (E)  the denials of factual contentions are not
29             warranted on the evidence,  or  if  specifically  so
30             identified,  are  not  reasonably based on a lack of
31             information or belief.
32             (2)  "Lawsuit" means a petition for  post-conviction
33        relief   under  Article  122  of  the  Code  of  Criminal
34        Procedure of 1963, a motion pursuant to Section 116-3  of
 
                            -10-     LRB093 03442 RLC 12783 a
 1        the  Code  of Criminal Procedure of 1963, a habeas corpus
 2        action under Article X of the Code of Civil Procedure  or
 3        under  federal law (28 U.S.C. 2254), a petition for claim
 4        under the Court of Claims Act  or  an  action  under  the
 5        federal Civil Rights Act (42 U.S.C. 1983).
 6        (e)  Nothing  in  this amendatory Act of 1998 affects the
 7    validity of Public Act 89-404.
 8    (Source: P.A. 91-121, eff.  7-15-99;  91-357,  eff.  7-29-99;
 9    92-176, eff. 7-27-01; 92-854, eff. 12-5-02.)

10        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
11        Sec. 5-4-1.  Sentencing Hearing.
12        (a)  Except  when  the  death  penalty  is  sought  under
13    hearing procedures otherwise specified, after a determination
14    of  guilt,  a  hearing  shall be held to impose the sentence.
15    However, prior to the imposition of sentence on an individual
16    being sentenced for an offense based  upon  a  charge  for  a
17    violation of Section 11-501 of the Illinois Vehicle Code or a
18    similar  provision  of a local ordinance, the individual must
19    undergo a professional evaluation to determine if an  alcohol
20    or  other  drug abuse problem exists and the extent of such a
21    problem.  Programs  conducting  these  evaluations  shall  be
22    licensed  by  the  Department of Human Services.  However, if
23    the individual is not a resident of Illinois, the court  may,
24    in its discretion, accept an evaluation from a program in the
25    state  of  such  individual's residence. The court may in its
26    sentencing order approve an eligible defendant for  placement
27    in  a  Department of Corrections impact incarceration program
28    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
29    the court shall:
30             (1)  consider  the  evidence,  if any, received upon
31        the trial;
32             (2)  consider any presentence reports;
33             (3)  consider the financial impact of  incarceration
 
                            -11-     LRB093 03442 RLC 12783 a
 1        based  on  the  financial impact statement filed with the
 2        clerk of the court by the Department of Corrections;
 3             (4)  consider evidence and  information  offered  by
 4        the parties in aggravation and mitigation;
 5             (5)  hear arguments as to sentencing alternatives;
 6             (6)  afford  the defendant the opportunity to make a
 7        statement in his own behalf;
 8             (7)  afford the victim  of  a  violent  crime  or  a
 9        violation of Section 11-501 of the Illinois Vehicle Code,
10        or  a  similar  provision  of  a  local  ordinance,  or a
11        qualified individual affected by a violation  of  Section
12        405,  405.1,  405.2,  or  407  of the Illinois Controlled
13        Substances  Act,   committed   by   the   defendant   the
14        opportunity  to make a statement concerning the impact on
15        the victim  and  to  offer  evidence  in  aggravation  or
16        mitigation;  provided  that  the  statement  and evidence
17        offered  in  aggravation  or  mitigation  must  first  be
18        prepared in  writing  in  conjunction  with  the  State's
19        Attorney  before  it  may  be  presented  orally  at  the
20        hearing.  Any  sworn  testimony  offered by the victim is
21        subject to the defendant's right  to  cross-examine.  All
22        statements  and evidence offered under this paragraph (7)
23        shall become part of the record of the  court.   For  the
24        purpose  of  this  paragraph  (7), "qualified individual"
25        means any person who  (i)  lived  or  worked  within  the
26        territorial  jurisdiction  where  the  offense took place
27        when the offense took place; and (ii)  is  familiar  with
28        various public places within the territorial jurisdiction
29        where the offense took place when the offense took place.
30        For  the  purposes  of  this  paragraph  (7),  "qualified
31        individual"  includes any peace officer, or any member of
32        any duly organized State, county, or municipal peace unit
33        assigned  to  the  territorial  jurisdiction  where   the
34        offense took place when the offense took place; and
 
                            -12-     LRB093 03442 RLC 12783 a
 1             (8)  in   cases  of  reckless  homicide  afford  the
 2        victim's spouse, guardians, parents  or  other  immediate
 3        family members an opportunity to make oral statements.
 4        (b)  All  sentences  shall  be imposed by the judge based
 5    upon his independent assessment  of  the  elements  specified
 6    above  and  any  agreement  as  to  sentence  reached  by the
 7    parties.  The judge who presided at the trial  or  the  judge
 8    who  accepted  the  plea  of guilty shall impose the sentence
 9    unless he is no longer sitting as  a  judge  in  that  court.
10    Where  the judge does not impose sentence at the same time on
11    all defendants  who  are  convicted  as  a  result  of  being
12    involved  in  the  same offense, the defendant or the State's
13    Attorney may advise the sentencing court of  the  disposition
14    of any other defendants who have been sentenced.
15        (c)  In imposing a sentence for a violent crime or for an
16    offense  of  operating  or  being  in  physical  control of a
17    vehicle while under the influence of alcohol, any other  drug
18    or any combination thereof, or a similar provision of a local
19    ordinance,  when such offense resulted in the personal injury
20    to someone other than the defendant, the  trial  judge  shall
21    specify  on  the record the particular evidence, information,
22    factors in mitigation and aggravation or other  reasons  that
23    led to his sentencing determination. The full verbatim record
24    of  the  sentencing  hearing shall be filed with the clerk of
25    the court and shall be a public record.
26        (c-1)  In  imposing  a  sentence  for  the   offense   of
27    aggravated   kidnapping  for  ransom,  home  invasion,  armed
28    robbery, aggravated vehicular hijacking, aggravated discharge
29    of a firearm, or armed violence with a category I  weapon  or
30    category  II  weapon, the trial judge shall make a finding as
31    to whether the conduct leading to conviction for the  offense
32    resulted  in  great  bodily harm to a victim, and shall enter
33    that finding and the basis for that finding in the record.
34        (c-2)  If the defendant is  sentenced  to  prison,  other
 
                            -13-     LRB093 03442 RLC 12783 a
 1    than  when  a  sentence  of  natural  life  imprisonment or a
 2    sentence of death is imposed, at the  time  the  sentence  is
 3    imposed the judge shall state on the record in open court the
 4    approximate  period  of  time  the  defendant  will  serve in
 5    custody according to the then  current  statutory  rules  and
 6    regulations  for  early  release  found  in Section 3-6-3 and
 7    other related provisions of this  Code.   This  statement  is
 8    intended  solely to inform the public, has no legal effect on
 9    the defendant's actual release, and may not be relied  on  by
10    the defendant on appeal.
11        The  judge's statement, to be given after pronouncing the
12    sentence, other than when the sentence is imposed for one  of
13    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
14    shall include the following:
15        "The purpose of this statement is to inform the public of
16    the  actual  period of time this defendant is likely to spend
17    in prison as a result of this sentence.  The actual period of
18    prison time served is determined by the statutes of  Illinois
19    as  applied  to  this  sentence by the Illinois Department of
20    Corrections and the Illinois Prisoner Review Board.  In  this
21    case,  assuming the defendant receives all of his or her good
22    conduct credit, the period of estimated actual custody is ...
23    years and ... months, less up to  180  days  additional  good
24    conduct  credit  for  meritorious service.  If the defendant,
25    because of his or her own misconduct  or  failure  to  comply
26    with  the  institutional  regulations, does not receive those
27    credits, the actual time served in  prison  will  be  longer.
28    The  defendant  may  also  receive an additional one-half day
29    good  conduct  credit  for  each  day  of  participation   in
30    vocational,   industry,   substance  abuse,  and  educational
31    programs as provided for by Illinois statute."
32        When the sentence is imposed  for  one  of  the  offenses
33    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
34    when  the  sentence  is  imposed  for  one  of  the  offenses
 
                            -14-     LRB093 03442 RLC 12783 a
 1    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
 2    or  after  June 19, 1998, and other than when the sentence is
 3    imposed for reckless homicide as defined in subsection (e) of
 4    Section 9-3 of the Criminal Code of 1961 if the  offense  was
 5    committed  on  or  after January 1, 1999, and other than when
 6    the sentence is imposed for aggravated arson if  the  offense
 7    was  committed  on  or  after  the  effective  date  of  this
 8    amendatory  Act  of  the  93rd  General Assembly, the judge's
 9    statement, to be given after pronouncing the sentence,  shall
10    include the following:
11        "The purpose of this statement is to inform the public of
12    the  actual  period of time this defendant is likely to spend
13    in prison as a result of this sentence.  The actual period of
14    prison time served is determined by the statutes of  Illinois
15    as  applied  to  this  sentence by the Illinois Department of
16    Corrections and the Illinois Prisoner Review Board.  In  this
17    case,  assuming the defendant receives all of his or her good
18    conduct credit, the period of estimated actual custody is ...
19    years and ... months, less up  to  90  days  additional  good
20    conduct  credit  for  meritorious service.  If the defendant,
21    because of his or her own misconduct  or  failure  to  comply
22    with  the  institutional  regulations, does not receive those
23    credits, the actual time served in  prison  will  be  longer.
24    The  defendant  may  also  receive an additional one-half day
25    good  conduct  credit  for  each  day  of  participation   in
26    vocational,   industry,   substance  abuse,  and  educational
27    programs as provided for by Illinois statute."
28        When the sentence is imposed  for  one  of  the  offenses
29    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
30    first degree murder, and the  offense  was  committed  on  or
31    after  June  19,  1998,  and when the sentence is imposed for
32    reckless homicide as defined in subsection (e) of Section 9-3
33    of the Criminal Code of 1961 if the offense was committed  on
34    or  after  January  1, 1999, and when the sentence is imposed
 
                            -15-     LRB093 03442 RLC 12783 a
 1    for aggravated arson if the offense was committed on or after
 2    the effective date of this amendatory Act of the 93rd General
 3    Assembly,  the  judge's  statement,   to   be   given   after
 4    pronouncing the sentence, shall include the following:
 5        "The purpose of this statement is to inform the public of
 6    the  actual  period of time this defendant is likely to spend
 7    in prison as a result of this sentence.  The actual period of
 8    prison time served is determined by the statutes of  Illinois
 9    as  applied  to  this  sentence by the Illinois Department of
10    Corrections and the Illinois Prisoner Review Board.  In  this
11    case, the defendant is entitled to no more than 4 1/2 days of
12    good  conduct credit for each month of his or her sentence of
13    imprisonment.  Therefore, this defendant will serve at  least
14    85%  of his or her sentence.  Assuming the defendant receives
15    4 1/2 days credit for each month of his or her sentence,  the
16    period  of  estimated  actual  custody  is  ... years and ...
17    months.   If  the  defendant,  because  of  his  or  her  own
18    misconduct  or  failure  to  comply  with  the  institutional
19    regulations receives lesser credit, the actual time served in
20    prison will be longer."
21        When a sentence of  imprisonment  is  imposed  for  first
22    degree  murder and the offense was committed on or after June
23    19,  1998,  the  judge's  statement,  to   be   given   after
24    pronouncing the sentence, shall include the following:
25        "The purpose of this statement is to inform the public of
26    the  actual  period of time this defendant is likely to spend
27    in prison as a result of this sentence.  The actual period of
28    prison time served is determined by the statutes of  Illinois
29    as  applied  to  this  sentence by the Illinois Department of
30    Corrections and the Illinois Prisoner Review Board.  In  this
31    case,  the  defendant is not entitled to good conduct credit.
32    Therefore, this defendant will  serve  100%  of  his  or  her
33    sentence."
34        When the sentence is imposed for any offense that results
 
                            -16-     LRB093 03442 RLC 12783 a
 1    in  incarceration  in  a  Department  of Corrections facility
 2    committed as a result of the use of, abuse of,  or  addiction
 3    to  alcohol  or  a  controlled  substance and committed on or
 4    after the effective date of this amendatory Act of  the  93rd
 5    General  Assembly,  the judge's statement, in addition to any
 6    other judge's statement required under this  Section,  to  be
 7    given  after  pronouncing  the  sentence,  shall  include the
 8    following:
 9        "The purpose of this statement is to inform the public of
10    the actual period of time this defendant is likely  to  spend
11    in  prison as a result of this sentence. The actual period of
12    prison time served is determined by the statutes of  Illinois
13    as  applied  to  this  sentence by the Illinois Department of
14    Corrections and the Illinois Prisoner Review Board.  In  this
15    case,  the  defendant  shall  receive  no good conduct credit
16    until he or she participates in  and  completes  a  substance
17    abuse treatment program."
18        (d)  When the defendant is committed to the Department of
19    Corrections,  the  State's Attorney shall and counsel for the
20    defendant may file a statement with the clerk of the court to
21    be transmitted to the department, agency  or  institution  to
22    which  the defendant is committed to furnish such department,
23    agency or institution with the facts and circumstances of the
24    offense for which the person was committed together with  all
25    other factual information accessible to them in regard to the
26    person  prior  to  his  commitment  relative  to  his habits,
27    associates, disposition and reputation and  any  other  facts
28    and  circumstances  which  may aid such department, agency or
29    institution during its custody of  such  person.   The  clerk
30    shall  within  10  days  after  receiving any such statements
31    transmit a copy to such department, agency or institution and
32    a copy to the other party, provided, however, that this shall
33    not be cause  for  delay  in  conveying  the  person  to  the
34    department,  agency  or  institution  to  which  he  has been
 
                            -17-     LRB093 03442 RLC 12783 a
 1    committed.
 2        (e)  The  clerk  of  the  court  shall  transmit  to  the
 3    department, agency or  institution,  if  any,  to  which  the
 4    defendant is committed, the following:
 5             (1)  the sentence imposed;
 6             (2)  any  statement  by  the  court of the basis for
 7        imposing the sentence;
 8             (3)  any presentence reports;
 9             (4)  the number of days, if any, which the defendant
10        has been in custody and  for  which  he  is  entitled  to
11        credit  against  the sentence, which information shall be
12        provided to the clerk by the sheriff;
13             (4.1)  any finding of great bodily harm made by  the
14        court with respect to an offense enumerated in subsection
15        (c-1);
16             (5)  all  statements  filed  under subsection (d) of
17        this Section;
18             (6)  any  medical  or  mental  health   records   or
19        summaries of the defendant;
20             (7)  the   municipality  where  the  arrest  of  the
21        offender or the commission of the offense  has  occurred,
22        where  such  municipality  has  a population of more than
23        25,000 persons;
24             (8)  all statements made and evidence offered  under
25        paragraph (7) of subsection (a) of this Section; and
26             (9)  all  additional matters which the court directs
27        the clerk to transmit.
28    (Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
29    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

30        Section  99.   Effective  date.   This  Act  takes effect
31    September 1, 2003.".